in the State, service may be made in the same manner as against other non-residents.' 120

Particular classes of foreign corporations are subject to special regulations. Thus insurance companies, surety companies and investment companies, file certificates and annual statements, comply with requirements as to amount of capital, submit to examination by State officers, appoint agents to receive service of process, etc.130

§ 157. Iowa.

"Any corporation for pecuniary profit, other than for carrying on mercantile or manufacturing business, organized under the laws of another state, or of any territory of the United States, or of any foreign country, which has transacted business in the state of Iowa since the first day of September, 1886, or desires hereafter to transact business in this state, and which has not a permit to do such business, shall file with the secretary of state a certified copy of its articles of incorporation, duly attested, accompanied by a resolution of its board of directors or stockholders authorizing the filing thereof, and also authorizing service of process to be made upon any of its officers or agents in this state engaged in transacting its business, and requesting the issuance to such corporation of a permit to transact business in this state; said application to contain a stipulation that such permit shall be subject to the provisions of this chapter. Before such permit is issued, the said corporation shall pay to the secretary of state the same fee required for the organization of corporations in this state, and if the capital of such corporation is increased, it shall pay the same fee as is in such event required of corporations organized under the law of this state. Any corporation transacting business in this state prior to the first day of September, 1886, shall be exempt from the payment of the fees required under the provisions of this section. The

129 Ibid. § 318.

130 Ibid.

4915 et seq.; § 5015d et seq.; § 5480 et seq.

secretary of state shall thereupon issue to such corporation a permit, in such form as he may prescribe, for transaction of the business of such corporation and upon the receipt of such permit said corporation shall be permitted and authorized to conduct and carry on its business in this state. Nothing in this section shall be construed to prevent any foreign corporation from buying, selling and otherwise dealing in notes, bonds, mortgages and other securities. 131 No foreign corporation which has not in good faith complied with the provisions of this chapter and taken out a permit shall possess the right to exercise the power of eminent domain, or exercise any of the rights and privileges conferred upon corporations, until it has so complied herewith and taken out such permit.132 Any foreign corporation that shall carry on its business in violation of the provisions of this chapter in the state of Iowa, by its officers, agents or otherwise, without having complied with this statute and taken out and having a valid permit, shall forfeit and pay to the state, for each and every day in which such business is transacted and carried on, the sum of one hundred dollars, to be recovered by suit in any court having jurisdiction; and any agent, officer or employé who shall knowingly act or transact such business for such corporation, when it has no valid permit as provided herein, shall be guilty of a misdemeanor, and for such offense shall be fined not to exceed one hundred dollars, or be imprisoned in the county jail not to exceed thirty days, or by both such fine and imprisonment, and pay all costs of prosecution. Nothing contained in this chapter shall relieve any person, company, corporation, association or partnership from the performance of any duty or obligation now enjoined upon or required of it, or from the payment of any penalty or liability created by the statutes heretofore in force, and all foreign corporations, and the officers and agents thereof doing business in this state shall be subject to all the liabilities, restrictions and duties that are

131 Ia. Code, § 1637

132 Ibid. § 1638.

or may be imposed upon corporations of like character organized under the general laws of this state, and shall have no other or greater powers. 133

'Corporations organized in any foreign country, or corporations organized in this country the stock of which is owned in whole or in part by aliens or nonresidents, shall have the same rights, powers and privileges with regard to the purchase and ownership of real estate in this state as are granted to nonresident aliens in section twenty-eight hundred and ninety, chapter one, title fourteen, of this code." 134

Foreign corporations may sue in the courts of the State in their corporate name. 135 They must give security for costs if requested by the defendant. 136 Suit may be brought against a foreign corporation and service by publication had when the corporation has in the State property, or debts owing it, sought to be taken by any of the provisional remedies or to be appropriated in any way; 137 and an attachment may be issued against the property of a foreign corporation. 138

§ 158. Kansas.

"Any corporation organized under the laws of another state, territory or foreign country and authorized to do business in this state shall be subject to the same provisions, judicial control, restrictions, and penalties, except as herein provided, as corporations organized under the laws of this state.' Such a corporation files an annual statement with the Secretary of State, "showing the full corporate name of such corporation; the location of its principal office or place of business without this state; the location of its principal office or place of business within this state, if any it has; the

" 139

133 Ibid. § 1639.

134 Ibid. § 1641.

135 Ibid. § 3469.

136 Ibid. § 3487.

137 Ibid. § 3534, cl. 5.

138 Ibid. § 3878, cl. 1.

130 Kan. Gen. Stat. of 1897, § 1267.

names and addresses of its officers and directors; the amount of its authorized capital stock and the amount of each share; the amount of its capital stock subscribed; and the amount and general nature of its resources and liabilities, in a form to be prescribed by the charter board." 140 "No action shall be maintained or recovery had in any of the courts of this state by any corporation doing business in this state without first obtaining the certificate of the secretary of state that statements provided for in this section have been properly made." 141

"Foreign corporations shall have the right to receive, take, purchase, and hold, by mortgage or otherwise, any securities and liens executed, given or transferred or so intended to represent or secure loans upon or purchase-money of lands. or other property situated or being in this state, and to sell, assign, transfer, and to sue upon, foreclose or otherwise enforce the same.' " 142

A foreign corporation before engaging in business files its irrevocable written consent that action may be brought against it in the proper court by service on the Secretary of State. Actions against foreign corporations may be brought in any county where the cause of action arose or in which the plaintiff may reside.143 Except as it may have been modified by the above provisions, the rule for action against a foreign corporation is as follows: Any transitory action may be brought in any county in which there may be property of or debts owing to the corporation; or in the case of a foreign insurance company, in any county where the cause or some part thereof arose.144 The summons may be served upon the managing agent in the State, if any; 145 or it may be served by publication if the corporation has property within the State."

140 Kan. 1903, ch. 150, § 2.

141 Kan. Gen. Stat. § 1283.

142 Kan. 1903, ch. 153.

143 Kan. 1898, ch. 10, §§ 3c, 3d; Gen. Stat. § 1261, 1262.

144 Kan. Gen. Stat. ch. 95, § 48.

145 Ibid. § 66.

146 Ibid. § 72.

146

159. Kentucky.

The constitution provides that "no corporation organized outside the limits of this State shall be allowed to transact business within the State on more favorable conditions than are prescribed by law to similar corporations organized under the laws of this Commonwealth." 147

A foreign corporation carrying on any business in the State (except insurance) "shall at all times have one or more known places of business in this State, and an authorized agent or agents thereat, upon whom process can be served; and it shall not be lawful for any corporation to carry on any business in this State, until it shall have filed in the office of the Secretary of State a statement, signed by its president or secretary, giving the location of its office or offices in this State, and the name or names of its agent or agents thereat upon whom process can be served; and when any change is made in the location of its office or offices, or in its agent or agents, it shall at once file with the Secretary of State a statement of such change; and the former agent shall remain agent for the purpose of service until statement of appointment of the new agent is filed; and if any corporation fails to comply with the requirements of this section, such corporation, and any agent or employé of such corporation, who shall transact, carry on or conduct any business in this State, for it, shall be severally guilty of a misdemeanor, and fined not less than one hundred nor more than one thousand dollars for each offense. 148

"If any foreign corporation shall, without the consent of the adverse party, remove to a Federal court any action pending against it in any court of this State, or institute an action against a citizen of this State in a Federal court of this State, such action on the part of the corporation shall forfeit its right to transact or carry on any business in this State; and such corporation, and any officer, agent or employé thereof, who shall thereafter transact or engage in any business or 147 Ky. Const. § 202.

148 Ky. Stat. § 571.